Red Flags in L Visa Applications Consuls know that the L visa is for two kinds of individuals – 1) for specialized skilled knowledge professionals, and 2) executive-level managers and supervisors. They are also aware that far more people are applying for L visas now than ever before. A direct consequence of this striking increase in […]
Read more...2 November 2018
Red Flags for Consuls in E Visa Cases 1) Overly complicated company structures Consular officers take pride in their ability to process complex E visa cases, and many of them have a pretty sophisticated understanding of complicated business structures, but they also have limited time to analyze them. If an E visa application describes a […]
Read more...26 October 2018
Unlike Ls and Hs, there is no specific statutory recognition of dual intent for E visa holders. Compare INA§214(h) with INA 101(a)(15)(e), n.b. 8 CFR§214.2(h)(16) and 8 CFR§214.2(l)(16). Still, there is longstanding recognition that E visas are different from other visa categories. As with A and G visas, adjustment of status from an E visa requires filing an I-508 waiver […]
Read more...19 October 2018
On April 23, 2018, Mr. Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, spoke at an EB-5 industry conference regarding visa waiting lines for EB-5 investors.iiHe indicated that EB-5 visa applicants chargeable to mainland China and Vietnam now face visa backlogs for the foreseeable future, and that EB-5 […]
Read more...10 August 2018
EB-5 visa is an immigrant visa given to eligible foreign investors. U.S. law allows for conditional residency for persons who, after Nov. 29, 1990, invest $1,000,000 (or under certain circumstances $500,000) in a new commercial enterprise that employs 10 full-time U.S. citizens or authorized immigrant workers and engage in the business through day-to-day management or […]
Read more...24 April 2018
USCIS announced that it will begin to implement the previously delayed International Entrepreneur Rule (IER), in accordance with the 12/1/17 district court decision in National Venture Capital Association v. Duke. However, DHS is also proceeding with issuing a notice of proposed rulemaking seeking (NPRM) to remove the IER, and is in the final stages of drafting […]
Read more...22 December 2017
On December 14th, 2017 The US Citizenship and Immigration Services (USCIS) announced that it will take steps to implement the International Entrepreneur Rule (IER) in compliance with a December 1 ruling from the US District Court for the District of Columbia. The IER is an important opportunity for foreign nationals as well as for the […]
Read more...22 December 2017
You may be in the United States on a B-1 (business visitor) visa or are considering applying for admission as a B-1 (business) visitor because you would like to start a new business or to explore establishing one in the United States. You may be thinking of visiting the United States to find office space, […]
Read more...4 May 2016
Among the many op-ons to immigrate to the U.S., investing might be the most feasible or the only op-on for some foreigners. But not all investment op-ons are created equal. We will seek to provide answers to the basic questions, who, what, where, when, why, how. Who qualifies for E-2, L1, EB1, or EB5 investment […]
Read more...11 April 2016
“To invest or not to invest,” that is the question. While I cannot tell you whether to invest or not, I can guide you through the labyrinth of U.S. investment visa options. Investor Option #1: E-2 Treaty Investor Visa To qualify for E-2 Treaty Investor Visa, you must be a national of a country with […]
Read more...29 March 2016
